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O'LEARY v. HAYDEN

325 Mass. 525 (1950)

91 N.E.2d 663

RICHARD J. O'LEARY & another vs. CECIL V. HAYDEN.

Supreme Judicial Court of Massachusetts, Worcester.

March 30, 1950.

Attorney(s) appearing for the Case

C.W. Proctor, for the plaintiffs.

E.J. McCabe, for the defendant.

Present: QUA, C.J., LUMMUS, SPALDING, WILLIAMS, & COUNIHAN, JJ.

WILLIAMS, J.

This is an action of contract or tort brought by two plaintiffs to recover damages caused by the defective construction of two houses purchased separately by them from the defendant. The declaration, which is in four counts, alleges, in count 1, breach of a contract to build for and sell to the plaintiff O'Leary a house built in a good and workmanlike manner; in count 2, negligence in constructing said house; in count 3, breach of a contract to build...

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